IN RE WATER USE PERMIT APPLICATIONS

No. 21309.

25 P.3d 802 (2001)

96 Hawai`i 27

In the Matter of the WATER USE PERMIT APPLICATIONS, Petitions for Interim Instream Flow Standard Amendments, and Petitions for Water Reservations for the Waihole Ditch Combined Contested Case Hearing.

Supreme Court of Hawai`i.

June 18, 2001.


Attorney(s) appearing for the Case

Paul H. Achitoff (David L. Henkin, D. Kapua`ala Sproat, of Earthjustice Legal Defense of Fund, Honolulu, and Alan T. Murakami and Carl C. Christensen of Native Hawaiian Legal Corporation, Honolulu, with him on the motion), for petitioners/appellants.

James T. Paul (Pamela W. Bunn with him on the motion and reply), of Paul Johnson Park & Niles, Honolulu, for intervenor/appellant/cross-appellee.

Reid M. Yamashiro, Deputy Corporation Counsel, for appellants City and County of Honolulu Planning Department and Board of Water Supply.

Sonia Faust, Deputy Attorney General, for appellee Commission on Water Resource Management.

Paul M. Sullivan (Robert Klarquist, Willia B. Lazarus, Andrew C. Mergen and Cheryl L. Connett with him on the memoranda), for appellee Department of the Navy.

Gary M. Slovin (Margaret Jenkins Leong and Lisa A. Bail with him on the memorandum), of Goodsill Anderson Quinn & Stifel, Honolulu, for appellee/cross-appellant Dole Food Company, Inc./Castle & Cooke, Inc.

Michel A. Okazaki (Alan M. Oshima and Yvonne Y. Izu with him on the memorandum) of Oshima Chun Fong & Chung, Honolulu, for appellee/cross-appellant Estate of James Campbell.

Gilbert D. Butson of Reinwald O'Connor & Playdon, Honolulu, on the joinder, for appellee/cross-appellant Pu`u Makakilo, Inc.

James K. Mee of the Pacific Legal Foundation, Honolulu, for appellee Hawaii Farm Bureau Federation.

M. U`ilani Pau`ole (Benjamin A. Kudo, Wesley M. Fujimoto, Stacy E. Uehara and Naomi U. Kuwaye with her on the memoranda) of Imanaka Kudo & Fujimoto, Honolulu, for applicant/petitioner-appellant Kamehameha Schools Bishop Estate.

Kelly G. LaPorte (Gino L. Gabrio with him on the memorandum) of Cades Schutte Fleming & Wright, Honolulu, for appellee/ cross-appellant Land Use Research Foundation of Hawai`i.

Jon T. Yamamura (Kevin E. Moore with him on the memorandum) of Carlsmith Ball, Hilo, for applicant-appellee Nihonkai Lease Co., Ltd.

Stephen K.C. Mau (Cheryl A. Nakamura with him on the memoranda) of Rush Moore Craven Sutton Morry & Beh, Honolulu, for appellee/cross-appellant Robinson Estate.

Ronald R. Sakamoto, Honolulu, for applicant-appellee Royal Oahu Resort Golf Course.

Presley W. Pang, (Diane Erickson with him on the memorandum), Deputy Attorneys General, for State of Hawai`i Agribusiness Development Corporation.

Haunani Burns, (Deborah Day Emerson and Marjorie A. Lau with her on the memorandum), Deputy Attorneys General, for State of Hawai`i Department of Agriculture.

Ray S.T. Enos, (Heidi M. Rian with him on the memorandum), Deputy Attorneys General, on the joinder, for State of Hawai`i Department of Land and Natural Resources.

MOON, C.J., LEVINSON, NAKAYAMA, and RAMIL, JJ., and Circuit Judge IBARRA, In Place of KLEIN, J., Recused.


MOTIONS FOR ATTORNEYS' FEES

Opinion of the Court by NAKAYAMA, J.

On October 16, 2000, petitioners-appellants Waihole Waikne Community Association, Hakipu`u `Ohana, and Ka Lhui Hawai`i (collectively, WWCA) and intervenor-appellant/cross-appellee Hawaii's Thousand Friends (HTF) filed motions for attorneys' fees in connection with the instant appeal; WWCA filed an amended motion on October 20, 2000. See generally In re Water Use Applications, Petitions for...

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